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(영문) 부산지방법원 2017.05.19 2017고단1126
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:40 on 18, 201, the Defendant: (a) received the Defendant’s spouse D domestic violence report and sent out by the Defendant’s spouse D at the Busan Central Police Station Emba, Busan Central Police Station Emba, etc., on the ground that he entered the place where the Defendant reported a new outbreak; (b) took a bath, and received the victim’s face face part at one time by head.

The fact-finding F was inevitably carried out after obtaining D's consent due to the shoulder-proof of the floor of the living room.

Accordingly, the defendant assaulted the police officer who performs legitimate duties on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with respect to circumstances F;

1. Application of each statute on photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended sentence] : The scope of the sentence compared with the recommended sentence that does not exist in the basic area (from June to one year and six months) (no person subject to any special sentencing] : the scope of the sentence is within the scope of the above sentence according to the sentencing guidelines : six months to one year and six months : although there are criminal records of the defendant's violent crime, it has been in the twenty preceding century; the motive for the crime was due to the consciousness of the defendant; on the other hand, even in the year 2016, there was a criminal record of two million preceding century or a fine of five million won; therefore, it is difficult to again sentence a fine despite such a defendant's ordinary tendency, it is considered as prescribed in Article 51 of the Criminal Act, such as the fact that it is difficult to do so.

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